1 city of falls church title: (to21-08) official zoning
Post on 30-Dec-2021
3 Views
Preview:
TRANSCRIPT
City of Falls Church 1
Meeting Date:
9-27-21
Title: (TO21-08) ORDINANCE TO AMEND THE
OFFICIAL ZONING DISTRICT MAP OF THE CITY
OF FALLS CHURCH, BY REZONING
APPROXIMATELY .98 ACRES OF LAND FROM T-1,
TRANSITIONAL to B-1, LIMITED BUSINESS
LOCATED AT 1001 & 1003 WEST BROAD STREET
(REAL PROPERTY CODE NUMBERS 52-102-065 &
52-102-060) ON APPLICATION BY MILLCREEK
RESIDENTIAL TRUST, LLC
(TR21-06) RESOLUTION TO GRANT A SPECIAL
EXCEPTION FOR RESIDENTIAL USES WITHIN A
MIXED USE DEVELOPMENT PROJECT AND TO
INCREASE THE BUILDING HEIGHT WITH A
BONUS OF THIRTY (30) FEET TO A MAXIMUM
HEIGHT OF EIGHTY-FIVE (85) FEET FOR A
MIXED-USE DEVELOPMENT PROJECT ON
APPROXIMATELY 2.07 ACRES OF LAND
LOCATED AT 1001 &1003 WEST BROAD STREET
REAL PROPERTY CODE NUMBERS 52-102-065 &
52-102-060) ON APPLICATION BY MILLCREEK
RESIDENTIAL TRUST, LLC
Agenda No.:
10(b)(3)(4)
Proposed Motion: Move to grant first reading for (TO21-08) and refer (TO21-08) and
(TR21-06) to the following boards, commissions, and community organizations: Planning
Commission, Architectural Advisory Board, Economic Development Authority, Housing
Commission, Environmental Sustainability Council, Urban Forestry Commission, Citizens’
Advisory Committee on Transportation, Recreation & Parks Advisory Board, Arts and
Humanities Council of Falls Church, Library Board of Trustees, Historical Commission,
Human Services Advisory Council, Village Preservation and Improvement Society, and
Greater Falls Church Chamber of Commerce, schedule public hearings and second reading
for March 28, 2022, and advertise the same according to law.
Originating Dept. Head:
Paul Stoddard, AICP,
Planning Director
PS 9-22-2022
Lead staff:
Jeff Hollern, Planner
JH 9-22-2022
Gary H. Fuller, AICP, Deputy
Planning Director
703-422-2046 GHF 9-22-21
Disposition by Council:
City Manager:
Wyatt Shields
703.248.5004
FWS 9-23-2021
City Attorney:
Carol McCoskrie
703.248.5010
CWM 9-23-2021
CFO:
Kiran Bawa
703.248.5092
KB 09-23-21
City Clerk:
Celeste Heath
703.248.5014
KB 09-23-21
REQUEST: 2
Council is requested to grant first reading of (TO21-08) and (TR21-06) for the proposed 3
Founders Row II mixed-use redevelopment project and refer the project out to boards and 4
commissions for review ahead of a vote tentatively scheduled for early 2022. 5
6
The proposed project includes the following applications that require legislative action by the 7
City Council after a mandatory recommendation by the Planning Commission: 8
(TR21-06) &(TO21-08)
Page 2 of 25
9
1. Official Zoning Map Amendment – Rezoning from T-1 to B-2; 10
2. Special Exception - Residential development within a Mixed-use development; and 11
3. Special Exception – Up to 30 feet of Height Bonus for a proposed 80 feet of building 12
height. 13
14
RECOMMENDATION: 15
After reviewing the latest application materials and evaluating them against the City’s adopted 16
policies, staff recommends that Council grant first reading and refer the project proposal to 17
boards and commissions. 18
19
Staff further recommends that as part of a future submission, and prior to Council considering 20
the application for final approval, the Applicant incorporate the following changes: 21
1. Significant Commercial Space – Provide greater commercial uses, and more specificity 22
of proposed commercial programming and how it will fill a significant community or 23
neighborhood need. 24
2. Environment -Strengthen the environmental design of the proposal, including amount of 25
open space and green space, use of green infrastructure, availability of electrical vehicle 26
charging stations, and reduction of heat island impacts. 27
3. Affordable Housing and Public Facility Impacts – Improve the proposed affordable 28
housing program, utility, and facility contributions. 29
4. Neighborhood – Continued coordination to address neighborhood concerns regarding 30
transportation access and safety. 31
5. Urban Design – Continued refinement and improvement of streetscape, architecture, and 32
building design. 33
Staff also recommends that if the project is referred to Boards and Commission, the developer’s 34
performance in meeting the commercial commitments of the nearby Founders Row project 35
should be assessed prior to final consideration of Founders Row II, and that possible 36
strengthening of those commitments for Founders Row should be considered. 37
38
BACKGROUND: 39
40
Updates Since Last Council Work Sessions 41
Council reviewed the amended 2nd submission of the Founders Row II Special Exception during 42
a work session on September 13, 2021 and a staff comparison of Voluntary Concessions from 43
recent and proposed redevelopments during a work session on September 20, 2021. General 44
items discussed included: 45
Need to see demonstrated commercial performance of Applicant’s Founders Row I 46
project, which is currently under construction to reassure the City that this project will be 47
successful 48
Need to strengthen commercial significance of project; 49
Need to address energy efficiency goals in Special Exception criteria and 50
recommendations for Electric Vehicle Chargers 51
Need to continue outreach with surrounding neighborhood and address concerns 52
Need to understand how proposed Voluntary Concession compare with recent projects; 53
(TR21-06) &(TO21-08)
Page 3 of 25
54
55
Proposed Development Project: 56
Applicant: Mill Creek Residential Trust 57
58
Site Properties: The following properties at the intersection of W. Broad St and S. West St are 59
included in the development proposal under the current application: 1001 & 1003 W. Broad St 60
(RPC 52-102-060 and RPC 51-102-065). The total site area is 91,270 Sq. Ft (2.095 acres). 61
62
Project: A mixed-use building with a maximum height of 76 feet comprised of the following 63
components: 64
Building Height - Building height varies from 75 feet along West Broad Street to 30 feet 65
along Ellison Street. 66
Multi-family Residential - Up to six (6) levels of residential multi-family rental apartments 67
(280 Total) and above ground floor retail 68
Retail - Ground floor retail of 15,026 Sq. Ft along the frontage of the project on West Broad 69
Street and South West Street. 70
Office - 5,800 Sq. Ft of Ground – and Second-floor office space, along with 5,000 Sq. Ft of 71
dedicated co-working space (not included in total Commercial Square Footage). 72
Parking - 433 spaces of underground parking garage. 73
74
Land Owners: 1001 W. Broad St (RPC 52-102-060) is owned by Broad Street Realty Trust, and 75
1003 W. Broad St (RPC 51-102-065) is owned by TP Fourteen, LLC. 76
77
Land Use & Zoning: The current uses on the site include a retail business at the corner and a 78
Rite Aid. The current zoning designation is B-1, Limited Business along W. Broad St and T-1, 79
Transitional along Ellison St. The Comprehensive Plan Future Land Use Map designation is 80
“Mixed-Use” for the whole proposed site area. 81
82
Land Use Action Requested: 83
The proposed project includes the following applications that require legislative action by 84
Council, following a recommendation by Planning Commission: 85
4. Rezoning – The area currently zoned T-1 has been requested for a rezoning to 86
B-1 to match with the rest of the site and be consistent with the Future Land 87
Use Map designation. 88
5. Special Exception (SE) – to allow residential development within a mixed use 89
development; 90
6. Special Exception – up to 21 Feet of height bonus for a proposed building 91
height of 76 Feet; 92
93
The City Council may approve a rezoning of the subject property to change and amend the Official 94
Zoning Map designation for the property as provided for in the City Code under Article II, Division 95
3, Amendments, Section 48-85 thru 89. This request is proposed by the applicant to be considered 96
in conjunction with the submission of subsequent Special Exception requests in support of the 97
overall proposed mixed-use project and application. 98
99
A zoning map change or “Rezoning” from the existing T-1, Transitional to B-1, Central Business 100
for one of the two parcels at S West and W Broad is proposed. The rezoning to change the 101
Transitional designated property to Business is needed to meet the Special Exception application 102
minimum requirements, in which all properties must be within Business zoning districts to qualify. 103
(TR21-06) &(TO21-08)
Page 4 of 25
Zoning map amendments are evaluated primarily on their conformance and compatibility with the 104
comprehensive plan goals and objectives. Additional factors for supporting a rezoning include 105
trends of growth or change; encouragement of the most appropriate use of land throughout the 106
locality; and a development application’s ability to adequately address explicitly identified impacts 107
from the project. 108
109
Pursuant to Section 48-90 of the Zoning Code, City Council may provide for the regulation and 110
restriction of the use of land, buildings and structures in the respective zoning districts of the 111
city. The City Council may also allow, subject to appropriate conditions, for special exceptions 112
to specific regulations and restrictions of the designated zoning districts of the city. In 113
accordance with Section 48-90, the applicant is seeking special exceptions to allow (1) 114
residential development in a mixed-use project and (2) a height bonus of 21 feet above the 115
maximum height permitted in the B-1 zoning district to a total of 76 feet in height. 116
117
Section 48-455 authorizes the City Council, by special exception, to modify the requirements of 118
the B-1 zoning district to allow residential development within mixed-use development projects, 119
and to allow a height bonus of up to 30 feet, if Council determines that the project is exemplary 120
in terms of conformance with the criteria in section 48-90(d)(1) and (2), and the bonus shall 121
significantly assist in conformance with section 48-90(d)(2) and (3). The height bonus may also 122
be granted by the City Council for certain preferred uses. These uses must be located on the 123
primary street frontage portion of structures. These uses may include, but are not limited to, 124
entertainment uses, health clubs open to the public, theaters, art galleries, antique stores, clothing 125
stores, and restaurants with outdoor dining facilities, and will be incorporated into the special 126
exception conditions. 127
128
As described in the purpose and intent section of the Special Exception code, “The intent of 129
this subsection is to allow for the consideration of all opportunities to revitalize the office, 130
retail, hotel, and other commercial areas of the city. Residential uses will be considered if they 131
contribute significant positive net revenue benefits to the city and create a vibrant, walkable, 132
environmentally sustainable and inclusive community. Review of proposals will be guided by 133
the needs of the city, market and economic conditions, special characteristics of the parcel 134
being considered, and recommendations for the area as provided in the city's adopted small 135
area plans. These special exception applications will be reviewed using the following primary 136
and secondary criteria to evaluate how the proposed project contributes. Compliance with all 137
of the primary criteria is essential to the character and well-being of the city, whereas the 138
secondary criteria are discretionary in nature.” 139
140
COUNCIL, BOARDS & COMMISSIONS, AND COMMUNITY GROUPS COMMENTS 141
The following questions and comments were raised during Council work sessions and/or during 142
the Planning Commission’s Preliminary Board and Commission Work Shop. They are organized 143
by topic according to the Primary and Secondary Criteria for Special Exceptions. 144
145
Criterion (1) a. The resulting development conforms to the city's adopted comprehensive
plan, small area plans, and design guidelines
Comments Responses
Council – request for staff to show
generalized rendering of Broad Street
showing recent developments
Staff prepared a graphic showing recent
projects in the city’s designated Revitalization
Districts that have been constructed, are under
construction, approved, or under
consideration.
(TR21-06) &(TO21-08)
Page 5 of 25
By the numbers, there are 303 acres in the
City’s revitalization districts, and 94 acres
have been redeveloped or proposed for
redevelopment since the early 2000s. This
includes major redevelopments as well as
smaller reinvestments and minor site plans.
146
Criterion (1) b. The resulting development provides for significant new or renovated
commercial space and allows for a mix of commercial and residential uses
Comments Responses
Council – Percentage of residential is too
high;
Council - Want to see significant commercial
component
Council – Additional office space would be
beneficial; Can co-working space of 5,000 sq
ft be turned into true co-working space?
Council – Project strips away notion that SE
is supposed to bring substantial commercial
space
In the 2nd Submission, Applicant increased
commercial square footage from 15,950 SF to
20,848 SF (including 5,822 SF office space)
and decreased residential square footage from
283,820 SF to 245,186 SF
Council – What might 15K Sq. Ft of retail
space consist of?
Council – Founders Row brings unique uses
to Falls Church, this does not at this stage
Council – One member stated frustration with
Council trying to dictate commercial uses that
may not be a good fit for the site
Council – Request for staff to prepare a table
comparing commercial components of recent
projects
VPIS – Should be an expansion/
reorganization of commercial square footage
to include an “anchor” space
Per the August 20th VCs line 66, Of the
15,000 square feet, a minimum of 5,000
square feet will be designated for restaurant
uses. The Owner anticipates a variety of retail
sales uses and restaurant types, including, but
not limited to restaurants (either fast casual
or full-service), bakery/cafés, and
neighborhood-serving retail tenants.
Council – Residential unit mix is smart and
much needed in the city
147
Criterion (1) c. The resulting development produces substantial positive net new
commercial and residential revenue to the city.
Comments Responses
(TR21-06) &(TO21-08)
Page 6 of 25
Council – Continue using City’s
methodology for fiscal impact and public
service costs
Council – Fiscal impact of $200K would be
less than in other similar projects in City;
noted that reducing building height from 1st to
2nd submission reduced fiscal impact
Council – Pupil ratio and fiscal impact will
be part of future discussion as project
develops
Staff is continuing to use the standard
methodology for fiscal impact analysis and
public service costs.
The expected per-acre positive net fiscal
impact of the project is approximately
$210,000 per acre annually. By comparison
the median annual per-acre net fiscal impact
of previous projects is approximately
$270,000 and the average is $240,000.
148
Urban Design
Criterion (2) a. The resulting development is compatible with surrounding land uses and
planned land uses in size, bulk, and scale
Criterion (2) d. The resulting development contributes to a vibrant, pedestrian-oriented
environment, both on site and in relation to adjoining properties, with walkable street
level activity throughout the day and evening
Criterion (2) e. The resulting development offers purposeful and creative use of
landscaping, open space and/or public parks, public plazas, and walkways connecting to
adjoining properties that incorporates sustainable landscaping and green infrastructure
best practices for stormwater mitigation, urban heat island management and wildlife
habitat support
Comments Responses
Council – Appreciate updates to façade, keep
changing to differentiate from Founders Row
Council – Ellison St needs (design) work,
more masonry; how does building meet
Ellison, explore opportunities to replace
lawns with other landscaping that doesn’t
require mowers. Discuss with B&Cs.
AAB – Would like to see more detail as to
how project relates to and fits in with
surrounding area
AAB – Facades are monolithic and plain
In 2nd Submission, Applicant included more
masonry and glass along facades, as well as
color changes to differentiate between the two
“building” facades
In 2nd Submission, Applicant made several
updates to the architecture of the building in
the most recent submission; They have added
more masonry and tapered townhouse height
along Ellison. Applicant has also improved
upon public greenspace elements along
Ellison.
Council, PC – Concerns with scale and
massing, given Founders Row across the
street
Council – Confirmed building height along
Ellison is 30’
Single Family Homes along Ellison Street are
a by-right height allowance of 35’ to the
midline of the roof, so the proposed building
height of 30’ could be shorter than single
family houses.
(TR21-06) &(TO21-08)
Page 7 of 25
The taller portion of the proposed building is
set back 95’ from the adjacent properties on
Ellison Street.
Council – Concern RE: too much hardscape
and heat island; Discuss with B&Cs how to
include more landscape
Urban Forestry Commission – Provide 10%
Minimum tree canopy requirement, 10-15%
landscape/open space requirement
VPIS – Inadequate public greenspace on site
this size
Applicant has included green roof on western
roof and a rework public greenspace
(Amended Submission 2)
Staff Note: The City’s West End Small Area
Plan (the POA adjacent to this site),
establishes a goal of 15% canopy cover on
development sites of at least 5 acres. The
City’s MUR Overlay Zoning District (which
is not applicable to this application) requires
15 percent landscaped areas, inclusive of
streetscape plantings.
Council – Entrances on Ellison should only
access the townhomes. Want to see lobby
moved off Ellison
PC – Continue working to emphasize street
activation and pedestrian activity
Applicant confirmed building entrances along
Ellison will be directly to those units facing
Ellison Street. Applicant relocated lobby
entrance from Ellison St to S West St.
Arts and Humanities – How will arts be
factored into development? Use us as
resource.
VPIS – Inclusion of future public art should
be thought about during early design phase
PC – Consider creative uses for roof/public
spaces
AAB – Elevators and rooftop equipment to be
set back so that they are not visible from
street level
149
(TR21-06) &(TO21-08)
Page 8 of 25
Community Facilities and Uses
Criterion (2) b. The resulting development enhances or expands the existing community
facilities, such as including the schools, multimodal transportation facilities, streetscape and
public parking, and water and sewer systems (sanitary and stormwater) and utilizes green
rather than grey infrastructure to the fullest extent possible to manage stormwater and to
create a healthy and attractive environment for the community
Criterion (2) c. The resulting development provides community benefits, such as affordable
and/or workforce housing, as it is described in article VII of this chapter;
Criterion (2) f. The resulting development provides a variety of commercial and community
services and products that are attractive to and meet the needs of all city residents for
entertainment, public art, historic, and cultural resources, recreation, dining, retail, and an
array of consumable goods;
Criterion (2) g. The resulting development encourages local and independent businesses
Comments Responses (if applicable)
Council - Include contributions for sidewalks,
parks, SAP concepts, and Housing; priority
no longer schools and library, now housing
and lower AMI
Council – Request for a staff valuation of
entire VC package
Applicant’s August 20th VCs propose the
following cash contributions to offset
community impacts:
1. School Capital Cost – $310K Contribution
(equivalent to $1,250 per market rate unit)
2. Sidewalks - $100K towards City’s
“Missing Links” program
3. Library and Parks – $50K Contribution
(equivalent to $200 per market rate unit)
4. Stormwater Fund – $20K Contribution
Other infrastructure and environmental VCs
proposed that do not include a specific dollar
amount include:
1. Affordable Housing with 6% of units
(approx. 17 units) at 60% AMI and 6% of
units (approx. 17 units) at 80% AMI
2. Commitment to LEED gold certification
3. Publicly accessible open space
4. Utility Undergrounding & Streetscape
Improvements, approximate value $5-$8M,
5. Storm-water runoff reductions exceeding
city’s 10-year storm requirement by 20%
6. Ellison St Community Gateway,
7. Provision of 15 electric vehicle charging
stations
7. Bus Stop with Shelter
Council – 12% ADU is a positive
Council – Increased ADUs should be
considered against decreases in other VCs
offered
(TR21-06) &(TO21-08)
Page 9 of 25
PC – 12% ADU goal is terrific
PC / HSAC – Thank you for emphasizing
affordable housing and ADA Access to site
Library Board – Affordable housing model
seems unsustainable long-term
Council – Will utilities be undergrounded?
Yes, approximately 400ft along S West and
800ft along Ellison St
AAB – Include green roof and introduction of
bio-swales for stormwater mitigation
Urban Forestry Commission / SW Task
Force / VPIS – Please explore opportunities
for Green Infrastructure throughout
development. Coordinate with City Staff.
Council – Discuss with B&Cs how to
increase storm-water retention
Council - Proposed green roof seems small in
comparison to rest of roof
Applicant has included green roof on western
side of building and reworked public
greenspace
Library Board – City should have baseline
proffer package for public service costs
VPIS – Consider contribution to the Public
Library
Applicant has agreed to provide a
contribution of $50,000 (approximately $200
per market rate rental unit) in support of
future upgrades to City libraries and parks,
per draft Voluntary Concessions
150
Transportation and Environmental Sustainability
Criterion (2) h. The resulting development provides for a reduction of single-use parking
requirements through the use of shared parking and transportation demand management
strategies such as bikeshare, car-sharing, and other techniques
Criterion (2) i. The resulting development encourages multi-modal transportation through
design and other techniques, to reduce the reliance on single-occupancy vehicles, and
provides sheltered stops for mass transit whenever feasible;
Criterion (2) j. The resulting development utilizes Leadership in Energy and Environmental
Design (LEED) criteria in the design of the project The resulting development utilizes
(Leadership in Energy and Environmental Design) LEED criteria (or other rating systems
such as the WELL Building Standard) in the design of the project. to achieve high
standards for environmental sustainability and climate resilience. Certified projects are
encouraged to achieve LEED Gold or greater ratings and deliver a minimum 20 percent
improvement in energy performance.
Comments Responses (if applicable)
(TR21-06) &(TO21-08)
Page 10 of 25
Council – Pleased with LEED Gold goal
PC / ESC – Encouraged by sustainable
development, emphasis on LEED Gold and
suggests renewable energy opportunities on
roof.
Council - Need to address energy
performance goals in SE code
PC / ESC – OK with parking ratio, Parking
Reduction, should be allowable
CACT / ESC – TDM should emphasize
walkability to Metro and W&OD Trail
By past City practice, TDM goals for parking
reduction and trip reduction are set at SE
approval and the final TDM is approved by
Planning Commission at site plan.
Council – Ingress / Egress from site on S
West; how will auto access and turning
movements work
CACT – Work with City on Traffic Calming
to ease strain on surrounding neighborhoods,
improve traffic signals with Broad/West
CACT / ESC – Use Chapter 5 of Comp Plan
and Bicycle Master Plan as a guide
S West Entrance will be for residents only to
reduce traffic in neighborhood. Lobby
entrance on Ellison has been moved to S West
Broad street signal timing will be monitored
to allow for safe pedestrian crossing and calm
traffic
CACT / ESC – Include electrical vehicle
charging stations
Council – Current Voluntary Concessions fall
short of ESC recommendation for 5% EV
charging spaces with conduit for 50%
In the latest VCs line 379, the Owner agrees
that a minimum of 15 charging stations for
electric vehicles will be provided in the
project parking garage. The Owner further
agrees to provide conduit for the future
installation of fifteen additional charging
stations for electrical vehicles.
PC – Keep sidewalks open through
construction phases
Sidewalks will remain open through
construction unless approved by City
Manager’s office, per VCs line 568
151
152
STAFF ANALYSIS: 153 154 Site Characteristics 155
The subject site consists of two parcels as shown in Table 2. The existing uses on the site include 156
a former Rite Aid drug store, now vacant, and a one-story retail carpet/rug store commercial 157
building. The site is bounded by West Broad Street to the north, South West Street to the east, 158
and Ellison Street to the south. 159
160
Surrounding uses include single-family residential properties on Ellison Street and South West 161
Street, and future mixed use development Founders Row across the street at the corner of West 162
(TR21-06) &(TO21-08)
Page 11 of 25
Broad Street and North West Street, that is under construction. The current zoning and future 163
land use designations for the surrounding parcels are provided in the official maps. 164
165
Table 2 – Site Profile* 166
Properties
Square
Feet Acres
Existing
Zoning
Proposed
Zoning
Existing
Future
Land Use
Proposed
Land Use
Current Land
Use
1001 W. Broad St 14,977 0.34 B-1 No Change Mixed Use Mixed Use Mixed Use
1003 W. Broad St 75,434 1.73 B-1/T-1 T-1 to B-1 Mixed Use Mixed Use Mixed Use
Total 2.07
*Data from City of Falls Church Real Estate Assessor 167 168
Comprehensive Plan Analysis 169
The subject property is designated “Mixed use” in the City’s adopted “Future Land Use Map” 170
(Comprehensive Plan, Chapter 4). The proposed project generally conforms to the future land 171
use envisioned as a proposed mix of commercial, residential, and other uses. The application 172
includes a Rezoning Amendment for a portion of the proposal area. The requested Rezoning 173
Amendment would allow a large portion of the proposal area to be redeveloped at a higher 174
intensity. This change would allow the site to be developed in a way that is consistent with the 175
goals of Comprehensive Plan in achieving the City’s visions for a vibrant Broad Street corridor. 176
The site is not designated as a “Potential Redevelopment Site” in Figure 4-12 (dated 2005), page 177
54 of Comprehensive Plan Chapter Four, Land Use and Economic Development. However, 178
some of the goals in that chapter under West Street/West Broad Street Area are consistent with 179
the Founders II proposal, such as: 180
Consolidate parcels to allow larger scale and mixed use development 181
Consolidate entrances 182
Develop retail uses or retail appearance on the first floor of buildings on West Broad 183
Street 184
185
These goals are well suited to the subject property, as it is located in one of the city’s designated 186
Planning Opportunity Areas (POAs), in which, “there are numerous instances of underutilized 187
properties that could be subject to either additional development or redevelopment.” (Chapter 4, 188
page 52). Specifically, this property is included in POA 3 – West Street / West Broad Street 189
Area. The Comprehensive Plan calls for redevelopment efforts to provide a mixture of 190
commercial uses, with retail frontages along Broad Street, parcel consolidation, and pedestrian-191
oriented design. 192
193
The proposed development includes many of the elements called for in the City’s 194
Comprehensive Plan, including strategies outlined in several of the following chapters: 195
196
Chapter 3 – Community Character, Appearance, and Design 197
o GOAL 2. Strengthen the appearance and accessibility of the City’s commercial 198
corridors. 199
o GOAL 3. Encourage new development or redevelopment that includes a mixture 200
of uses, public gathering spaces, adequate landscaping, and on-site parking. 201
o GOAL 4. Develop higher density, more urban commercial areas in the City 202
Center and in the Gordon Road area. 203
204
Chapter 4: Land Use and Economic Development 205
o GOAL 2. Encourage sustainable development within the City. 206
(TR21-06) &(TO21-08)
Page 12 of 25
o GOAL 6. Guide land use and development such that it will not harm water quality 207
and will not increase stormwater management concerns. 208
o GOAL 9. Provide the appropriate level of commercial uses within the City that 209
meets the needs of residents and supports the economic vitality of the City. 210
o GOAL 11. Provide for mixed-use development areas composed of retail, office, 211
and residential uses. 212
o GOAL 12. Ensure that parking solutions enhance the character and efficiency of 213
commercial areas. 214
o GOAL 14. Promote efficient use of land within the City’s commercial corridors. 215
216
Chapter 5: Environmental Sustainability, Resilience and Natural Resources: 217
"Environment for Everyone" 218
o Strategy: Continue to expand space for tree plantings and stormwater control in 219
public areas, through increased street tree planting areas, greenways, park space, 220
urban agriculture, publicly recognized historic landscapes and other green 221
infrastructure. 222
223
Small Area Plan Analysis - West Broad Street Small Area Plan 224
This plan depicts the project site on the Concept Map as an area for redevelopment potential. It is 225
within an “Activity Node,” which is an area designated for greater concentrations of commercial 226
activity and directs that these nodes should be further developed to provide focus within the POA 227
and help concentrate activity to create vibrant areas. Additional analysis is provided below under 228
relevant Special Exception criteria. 229
230
Special Exception, Primary Criteria Analysis 231
Staff analysis against the primary criteria is provided below. 232
233
Criterion (1) a. The resulting development conforms to the city's adopted comprehensive 234
plan, small area plans, and design guidelines; 235
236
Land Use and Zoning 237
The proposed development is requesting a rezoning of approximately 0.9 acres of land from T-1 238
to B-1 along the Ellison Street frontage. The rezoning request is consistent with guidance in the 239
West Broad Street Small Area Plan (page 4-3), which identifies the subject area for possible 240
rezoning. 241
242
Density and Height 243
The West Broad Street Small Area Plan depicts the project site on the Concept Map (page 3-9) 244
as an area for redevelopment potential. It is within an “Activity Node,” which is an area 245
designated for greater concentrations of commercial activity and will most likely require taller 246
building heights to make redevelopment feasible. The Plan also notes that buildings should “step 247
down” to neighboring residential areas. The current Founders II plans show this stepdown along 248
Ellison Street with a building height of 30 ft. along Ellison Street and a building design that 249
mimics townhouse style development in architecture and with separate entrances directly onto 250
the sidewalk. 251
252
The proposed Floor Area Ratio (FAR) of the project is 3.6. By state code, revitalization districts 253
allow for densities of at least 3.0 Floor Area Ratio (FAR). Density greater than 3.0 floor area 254
(TR21-06) &(TO21-08)
Page 13 of 25
ratio is already being constructed across the street at Founders Row, located at the corner of W. 255
Broad Street and N. West Street. 256
257
Urban Design 258
The proposed project demonstrates many of the principles in the Comprehensive Plan. The 259
proposed mix of uses including retail and residences would help to establish a sense of place at a 260
key intersection that includes improved streetscape, quality architectural design, buildings in 261
close proximity to the roadway, and a defined building wall. 262
263
The Design Guidelines classify specific areas of the City under various “Sub-Areas”, each of 264
which identifies a “Community Character” that follows a defined set of design principles. The 265
development site falls in the Broad Street and Washington Street Corridors Sub-Area as 266
identified in the Design Guidelines, which envisions denser and larger scale development 267
strongly oriented to the pedestrian. The proposed project remains consistent with the vision for a 268
mixed-use development with higher density uses and pedestrian facilities along an active retail 269
frontage. 270
271
Criterion (1) b. The resulting development provides for significant new or renovated 272
commercial space and allows for a mix of commercial and residential uses; 273
274
The existing uses on the site include a former Rite Aid (13,963 Sq. Ft), which has been vacant 275
since July 2019, and a one-story commercial building with a larger storage area and smaller retail 276
storefront (carpet/ rug retailer/warehouse use, 11,223 Sq. ft. total). These existing buildings 277
together total approximately 25,186 SQ FT of commercial space based on the City’s real-estate 278
database. The combined parcels are assessed at $4,984,300 (2021), a decline from previous 279
years. This equates to a total assessed value of approximately $2.38 Million per acre. 280
281
Under Virginia state code, “encourage[ment of] economic development activities that provide 282
desirable employment and enlarge the tax base” is an allowable zoning purpose. In considering 283
the tax base of the current improvements vs the proposed, the recently completed projects at 301 284
W Broad Street and Lincoln at Tinner Hill have total assessed values of $77.63 million and 285
$76.89 million, respectively. This equates to a total assessed value of approximately $36.61 286
Million per acre and $36.44 Million per acre, respectively. 287
288
The proposed mixed use development provides approximately 20,848 Sq. Ft of commercial 289
space. The proposed retail uses could potentially offer a higher quality retail experience at a key 290
intersection with notable improvements in streetscape and retail frontage along W. Broad Street 291
and South West Street. As proposed, the commercial square footage would include 15,026 Sq. Ft 292
of retail and 5,822 Sq. Ft of office space. Not included in the tally of commercial footage is an 293
additional 5,000 Sq. Ft of co-working space that would be available to building residents. The 294
proposed project provides for a mix of commercial and residential uses totaling approximately 295
330,403 Sq. Ft of gross floor area with a 6 percent / 94 percent commercial/residential ratio. 296
297
The proposed project includes 12 percent or 34 of the 280 multifamily units as affordable units. 298
Half of those affordable units will be provided at 60% AMI and half at 80% AMI. These are 299
proposed to be maintained as affordable for the life of the project. Staff has requested that the 300
applicant provide an approximate square footage of the affordable housing component of the 301
project. 302
303
(TR21-06) &(TO21-08)
Page 14 of 25
Criterion (1) c. The resulting development produces substantial positive net new 304
commercial and residential revenue to the city. 305
306
As per the City’s Assessor’s office, the two properties combined have shown a steady decrease 307
in annual tax revenue to the City since 2014 ($62,067/yr to $33,230 by 2019). Since the Rite 308
Aid’s closure in 2019, the properties have a provided a total of $1,323 in total revenue. By 309
comparison, the neighboring West End Plaza produces about $112K per year in tax revenue. 310
311
According to the City’s fiscal impact analysis, the expected net fiscal impact for Founders Row 312
II is $433,602 annually. This equates to an expected positive net fiscal impact of approximately 313
$210,000 per acre annually. If public service costs are higher than expected due to a higher than 314
usual pupil ratio, then the net fiscal impact could be $145,318. 315
316
By comparison, previously constructed mixed-used projects have provided annual per-acre net 317
fiscal impacts ranging from negative $86,000 to positive $452,000. The median annual per-acre 318
net fiscal impact of previous projects is approximately $270,000 and the average is $240,000. 319
320
Special Exception, Secondary Criteria Analysis 321
Staff analysis against the secondary criteria is provided below. Also included below are 322
questions and comments raised during the City Council’s March 15, 2021 work session and the 323
Planning Commission’s Preliminary Board & Commission Workshop held on April 7, 2021. 324
325
Urban Design 326
Criterion (2) a. The resulting development is compatible with surrounding land uses and 327
planned land uses in size, bulk, and scale 328
329
The proposed building height along West Broad Street is approximately 80 Feet. In comparison, 330
the Founders Row project now under construction across the street has an approved building 331
height along West Broad Street of 79 Feet. As noted above, the City’s West Broad Street Small 332
Area Plan calls for taller buildings at this intersection. The Plan encourages higher density 333
redevelopment to allow for viability of ground-floor retail in mixed use buildings and to create 334
walkable destinations. The Plan also calls for retail uses that support surrounding residential 335
areas. Also as noted above, the subject site is included in a City Designated Revitalization 336
District, which calls for project of a density of 3.0 FAR or higher. 337
338
The West Broad Street Small Area Plan also discusses the importance of providing adequate 339
separation and transition to residential properties in this area. The Ellison Street elevation 340
provides a tapering in building height to create a softer edge adjacent to residential properties. 341
The proposed building height along Ellison Street is 30 ft. In comparison, the allowable building 342
height for neighboring single family houses is also 35 feet to the midline of the roof. 343
344
Criterion (2) d. The resulting development contributes to a vibrant, pedestrian-oriented 345
environment, both on site and in relation to adjoining properties, with walkable street level 346
activity throughout the day and evening 347
348
Appropriately programed ground floor and second floor commercial spaces can contribute to a 349
vibrant environment. More clarity and specificity on the intended uses is needed. The proposed 350
streetscape and associated amenities along W. Broad Street, S. West Street, and Ellison Street 351
would enhance the pedestrian experience and improve connections to adjoining properties in the 352
area. 353
(TR21-06) &(TO21-08)
Page 15 of 25
354
The developer will underground all aerial utilities on the project frontage along S West Street 355
and Ellison Street. Note the utilities along the W Broad St frontage are already underground and 356
would remain so. 357
358
Criterion (2) e. The resulting development offers purposeful and creative use of 359
landscaping, open space and/or public parks, public plazas, and walkways connecting to 360
adjoining properties that incorporates sustainable landscaping and green infrastructure 361
best practices for stormwater mitigation, urban heat island management and wildlife 362
habitat support 363
364
The proposed streetscape along the perimeter of the site offers improved connections to 365
surrounding uses and enhanced pedestrian experience. The most recent submission includes park 366
space at the corner of West and Ellison and a paved/plaza area along S West Street, both of 367
which would be accessible to the public. 368
369
370
Community Facilities and Uses 371
Criterion (2) b. The resulting development enhances or expands the existing community 372
facilities, such as including the schools, multimodal transportation facilities, streetscape and 373
public parking, and water and sewer systems (sanitary and stormwater) and utilizes green 374
rather than grey infrastructure to the fullest extent possible to manage stormwater and to 375
create a healthy and attractive environment for the community 376
377
Schools 378
Applying the city’s usual methodology, the project number of pupils is 35. 379
Applicant has proposed a voluntary concession of $310,000 (equivalent to approximately 380
$1,250 per market rate rental apartment) to offset the school capital costs as a result of the 381
project. 382
383
Libraries, Parks and Recreation 384
Applicant has proposed a library and parks cash contribution of $50,000 (equivalent to 385
approximately $200 per market rate rental apartment). By comparison, Broad & Washington 386
offered $500 per residential unit (Broad & Washington) and Founders Row offered $500 per 387
residential unit (Founders Row) plus an additional Library contribution at $.0.70 per Sq. Ft of 388
gross residential space, less ADUs. 389
390
Multimodal Transportation 391
Analysis included next section. 392
393
Water, Sewer and Stormwater 394
Applicant has agreed to conduct a sewer capacity analysis and will work with the City at Site 395
Plan to determine the necessity of sanitary sewer improvements. 396
Applicant has offered in the Voluntary Concessions to exceed the minimum requirements for 397
storm water runoff by an additional 20%. 398
Voluntary Concessions also include a $20,000 contribution to the City’s Stormwater Fund. 399
400
Criterion (2) c. The resulting development provides community benefits, such as affordable 401
and/or workforce housing, as it is described in article VII of this chapter; 402
403
(TR21-06) &(TO21-08)
Page 16 of 25
The developer is proposing an on-site Affordable Dwelling Unit (ADU) contribution in excess of 404
the “typical” 6% of all units at 60% of AMI. The following ADU contribution is proposed: 6% 405
of total units at 60% AMI, and 6% of total units at 80% AMI, for a total contribution of 12%. 406
This translates to 34 affordable homes of the 280 total homes proposed. 407
408
Criterion (2) f. The resulting development provides a variety of commercial and community 409
services and products that are attractive to and meet the needs of all city residents for 410
entertainment, public art, historic, and cultural resources, recreation, dining, retail, and an 411
array of consumable goods; 412
413
The proposed project includes 20,848 SQ FT of commercial space, including 15,026 SQ FT of 414
retail, 5,822 SQ FT of office space. 415
416
A marketing plan should be prepared as part of future submission to tailor the spaces for 417
community needs. 418
419
Criterion (2) g. The resulting development encourages local and independent businesses 420
421
Applicant will need to provide more information on how local and independent business will be 422
encouraged. 423
424
Transportation and Environmental Sustainability 425
426
Criterion (2) h. The resulting development provides for a reduction of single-use parking 427
requirements through the use of shared parking and transportation demand management 428
strategies such as bikeshare, car-sharing, and other techniques 429
430
The developer is recommending shared parking and a 17% parking reduction from the Zoning 431
Ordinance. Staff expects that there will be cyclists using the W&OD Trail as well as those using 432
MetroBus or MetroRail. The conceptual design provides for bike parking. 433
434
The proposal includes a commitment to developing and implementing a TDM plan that would 435
reduce onsite parking demand by 17 percent from City Standards; and reduce the number of PM 436
peak hour vehicle trips for the multi-family uses by 25 percent from ITE Trip Generation Manual 437
10th Edition predictions.). The TDM will be prepared as part of the Site Plan review and approval 438
process, which is consistent with recent project approvals. 439
440
Criterion (2) i. The resulting development encourages multi-modal transportation through 441
design and other techniques, to reduce the reliance on single-occupancy vehicles, and provides 442
sheltered stops for mass transit whenever feasible; 443
444 The project design and the TDM committed to within the voluntary concessions includes the 445
following strategies to encourage multi-mode transportation: 446
1) Bike racks and storage provided for retail employees, retail patrons, residents and 447
visitors 448
2) Sidewalks improved along property frontage to include landscaping and street 449
furniture to match with the character of the area 450
3) The proposal includes a commitment to construct a bus shelter. 451
4) Applicant has proposed a contribution of $100,000 to the City’s Missing Links 452
sidewalk program to build sidewalks in the vicinity of the project 453
(TR21-06) &(TO21-08)
Page 17 of 25
5) Applicant has proposed to construct a neighborhood gateway and improved 454
pedestrian crossing at the intersection of S West St and Ellison St 455
456
Criterion (2) j. The resulting development utilizes Leadership in Energy and Environmental 457
Design (LEED) criteria in the design of the project The resulting development utilizes 458
(Leadership in Energy and Environmental Design) LEED criteria (or other rating systems 459
such as the WELL Building Standard) in the design of the project. to achieve high standards 460
for environmental sustainability and climate resilience. Certified projects are encouraged to 461
achieve LEED Gold or greater ratings and deliver a minimum 20 percent improvement in 462
energy performance. 463
464
Applicant has agreed within the voluntary concessions to reach LEED Gold v4 standards (as 465
determined by a LEED Accredited Professional) and will exercise green design elements when 466
applicable in both the residential and commercial components of the development. The lack of 467
surface parking lots reduces the level of storm water runoff and, by extension, negative impacts 468
to the surrounding neighborhood. 469
470
Voluntary Concessions, Community Benefits, Terms and Conditions (VCs) 471
The list of Voluntary Concessions was first submitted with the June 8, 2021 resubmission. The 472
developer has proposed items such as cash contributions to City stormwater mitigation efforts, as 473
well as City libraries and parks. Applicant has also volunteered $1,500 per market rate apartment 474
in order of offset the school capital costs as a result of the project, as well as Affordable 475
Dwelling Unit (ADU) contribution for a total contribution of 12%, to address the city’s 476
community objectives to increase affordable housing. 477
478
Below is a summary of key preliminary Planning staff comments related to VC’s. The draft VC’s 479
are subject to continued staff and future review and updates with input from the City Council and 480
the City Attorney as the project moves through the public review process. 481
482
In general, the Founders Row 2, voluntary concession capital contributions are 483
substantially below recent other special exception projects. Specifically, the school 484
capital costs, library and parks & recreation facilities, and other community support, 485
such as the arts. 486
487
Proposed Automobile Parking 488
The developer is proposing an underground parking garage with 429 parking spaces, with 51 489
spaces for retail parking, 13 spaces for office parking, and 365 spaces for residential parking. 490
491
For the mix of uses proposed, the zoning ordinance requires 512 spaces, so Applicant is 492
requesting an overall reduction in parking of 83 spaces or 17%. The table below breaks down 493
overall parking and proposed parking by use. The zoning ordinance allows for the reduction of 494
parking with an appropriate Transportation Demand Management (TDM) plan. For recent 495
projects, TDM goals and general parameters have been specified at time of SE consideration, and 496
the TDM specifics have been defined at time of Site Plan consideration. 497
498
Use Proposed
Amount
Parking
Required by
Code
Proposed
Parking
Requested
Reduction
Commercial 15,026 sq. ft. 64 64 N/A
(TR21-06) &(TO21-08)
Page 18 of 25
Residential 319 units 519 365 30%
Entire Site See above 512 429 17%
499
Residential Parking Ratio: The Applicant needs to submit a draft TDM plan. TDM measures are 500
referenced in the Letter of Justification and mentions including bicycle storage, transit 501
incentives, and extensive resources conducive to teleworking for the proposed project. As a 502
result, the proposed parking reduction request will need to be reviewed further by staff. The 503
application proposes 365 spaces for the 280 multi-family units, which is a ratio of approximately 504
1.3 space per unit. 505
506
The table below provides a summary of residential parking at recently approved projects with 507
rental apartments. The table shows the number of units, parking required by code, parking 508
provided under an approved TDM and/or parking management plan, and the number of vehicles 509
registered (which is a reasonable approximation of the number of spaces in use). Note that at all 510
three completed projects there are fewer vehicles registered than there are housing units, which 511
indicates that projects can meet parking demand with fewer spaces than strictly required by city 512
code. The requested parking ratio for the Founders Row II Project is consistent with vehicle 513
registrations at other projects in the city. 514
515
Table 3 – Residential Parking Comparison 516
Project**** Number of Residential
Units
Parking Required By Code
Parking Approved with
TDM Plan
Approved Parking Ratio
Number of Registered
Vehicles
Registered Vehicles per
Unit
301 W Broad* 288 467 346 1.20 266 0.92
Lincoln at Tinner Hill*
224 331 235
(+136 shared) 1.04** 183 0.82
Northgate* 105 158 158 shared N/A*** 98 0.93
Founders Row 394 658 516 1.31 N/A N/A
Broad & Washington
339 531 338 1.00 N/A N/A
Founders II (Proposed)
280 448
*All three projects are considered to have reached full occupancy. Note that the real estate industry accepts a limited amount of vacancy to accommodate resident turnover as part of normal leasing activity **The ratio is based on the 235 dedicated residential parking and does not include the shared parking numbers ***No dedicated residential spaces were indicated on the approved site plan, so a ratio here would not be direct comparison with other projects based on dedicated spaces **** For comparison, the unit mix for these projects is as follows: 301 W. Broad includes 30 studios, 158 one-beds, and 100 517 two-beds; Tinner Hill includes 155 one-beds and 69 two-beds; Northgate includes one studio, 50 one-beds, 44 two-beds, and 518 10 townhome units; Founders Row includes two studios, 258 one-beds, and 134 two-beds; and Broad and Washington 519 includes 48 studios, 198 one-beds, and 93 two-beds. Code requires 1.0 per studio unit, 1.5 per one-bed unit, and 2 per two-520 bed or larger unit. 521
522
Staff Review Comments (Submission #2) 523
The City staff has reviewed the second submission of the application package, received on June 524
8, 2021, for the proposed mixed-use development project at 1001 & 1003 West Broad Street. 525
Staff review comments were compiled and transmitted to Applicant in a letter, dated July 12, 526
2021. 527
528
The submission 2 materials include the following main documents: 529
1. Cover letter, application and disclosure forms, checklist, project narrative statement 530
2. Architectural packet with Conceptual Elevations 531
(TR21-06) &(TO21-08)
Page 19 of 25
3. Conceptual development plan 532
4. Traffic Impact Study 533
5. List of Voluntary Concessions (First Submission of VCs) 534
535
Following the July 19, 2021 work session, Applicant submitted revised plan sheets to address 536
comments received from Council and staff review of Submission 2. The materials resubmitted 537
include: 538
1. Revised sheets A1.0 – A1.4 & A1.6 539
2. Revised Voluntary Concessions (Dated August 20, 2021) 540
541
PUBLIC COMMENTS: 542
Members of the surrounding neighborhood have set up a “mailing list” in order for staff to more 543
efficiently communicate with them on future meetings and updates for the project. 544
545
No Public Comment has been received since the July 19, 2021 work session. 546
547
FISCAL IMPACT: 548
According to the City’s fiscal impact analysis, the expected net fiscal impact is $433,602 549
annually. If public service costs are higher than expected due to a higher than usual pupil ratio, 550
then the fiscal impact could be as low as $145,318. 551
552
Public service costs associated with development proposals are largely driven by expected 553
student pupil ratios. Under federal fair housing laws, family status is a protected class, and 554
Planning Staff does not recommend approval or denial of applications based on this information. 555
The pupil ratios used in these fiscal runs reflect pre-COVID pupil ratios from the 2019 – 2020 556
school year, per the types of units proposed and the number of actual pupils residing in those unit 557
types at Pearson Square, Northgate, the Read Building, 301 West Broad, and the Lincoln 558
projects. Based on these example projects, the expected number of pupils for this project is 35 559
pupils. As with previous fiscal impact evaluations, an inflation factor of 50% was applied as a 560
‘what if’ scenario. With that inflation factor, the number of pupils would be 53. 561
562
TIMING: 563
Below is a tentative schedule, which includes a proposed date for consideration of first reading. 564
565
Application Submission #1 November 17, 2020 566
Econ. Development Committee (EDC) Mtg. February 25, 2021 567
City Council Work Session March 15, 2021 568
Planning Commission Board and Commission Workshop April 7, 2021 569
Application Submission #2 June 8, 2021 570
City Council Work Session July 19, 2021 571
Neighborhood Walking Tour July 29, 2021 572
City Council Work Session September 13, 2021 573
City Council Work Session September 20, 2021 574
City Council 1st Reading and Referral September 27, 2021 575
Board and Commission Review Oct - Nov 2021 576
City Council Review of Board & Commission Comments November 15 2021 577
Resubmittal(s), Review, and Work Sessions Winter/Spring 2022 578
City Council Public Hearing and 2nd Reading Spring 2022 579
580
*All future dates are tentative 581
(TR21-06) &(TO21-08)
Page 20 of 25
582
ATTACHMENTS: 583
1. Founders Row II Revised Submission #2 SE Materials – Revised August 20, 2021 584
2. Founders Row II Markup Submission – Submitted August 25, 2021 585
3. Founders Row II Justification Letter – June 8, 2021 586
4. Founders Row II Revised Voluntary Concessions – Revised August 20, 2021 587
5. Staff Comment Letter Issued to Applicant – July 14, 2021 588
6. Staff Comments Memos, Submission #2– Vary July, 2021 589
7. Staff Comment Memos, Revised Submission #2 – September 1, 2021 590
8. Staff Markup Voluntary Concessions, Revised Submission #2 – September 1, 2021 591
9. Falls Church Revitalization District Map 592
10. Voluntary Concessions Comparison Chart – Revised September 22, 2021 593
594
(TR21-06) &(TO21-08)
Page 21 of 25
(TO21-08) 595
596
ORDINANCE TO AMEND THE OFFICIAL ZONING DISTRICT MAP OF THE CITY 597
OF FALLS CHURCH, BY REZONING APPROXIMATELY .98 ACRES OF LAND 598
FROM T-1, TRANSITIONAL TO B-1, LIMITED BUSINESS LOCATED AT 599
1001&1003 WEST BROAD STREET (REAL PROPERTY CODE NUMBERS 52-102-600
065 & 52-102-060) ON APPLICATION BY MILLCREEK RESIDENTIAL TRUST, 601
LLC 602
603
THE CITY OF FALLS CHURCH HEREBY ORDAINS THAT the Official Zoning 604
District Map of the City of Falls Church, Virginia, is amended upon application of Millcreek 605
Residential Trust, LLC by rezoning of the following described property from T-1, Transitional 606
District, to B-1, Limited Business District, to be developed only in accordance with the 607
associated Special Exception under TR21-06, approved by the City Council on [DATE], 608
609
Description of the property in the City of Falls Church to be rezoned from T-1 to B-1: 610
611
Written Metes & Bounds Description of the Property 612
613
“BEGINNING AT A POINT IN THE NORTH RIGHT-OF-WAY LINE OF 614
ELLISON STREET, SAID POINT BEING THE SOUTHEAST CORNER OF 615
LOT 21, FOWLER’S ADDITION TO WEST FALLS CHURCH AS 616
RECORDED IN DEED BOOK P-12 AT PAGE 49; THENCE WITH LOT 21, N 617
38° 36’ 20” E, 150.00 FEET TO A POINT IN THE SOUTH LINE OF LOT 30; 618
THENCE WITH THE SOUTH LINE OF LOTS 30, THE SAME COURSE 619
CONTINUED THROUGH LOT 22, FOWLER’S ADDITION TO FALLS 620
CHURCH AS RECORDED IN DEED BOOK 3138 AT PAGE 629, S 51° 23’ 621
40” E, 210.42 FEET TO A POINT; THENCE CONTINUING THROUGH LOT 622
22, THE SAME COURSE CONTINUED WITH THE SOUTH LINE OF LOT 623
26, FOWLER’S ADDITION TO WEST FALLS CHURCH AS RECORDED IN 624
DEED BOOK P-12 AT PAGE 49, S 32° 25’ 40” E, 104.94 FEET TO A POINT 625
IN THE WEST RIGHT-OF-WAY LINE OF SOUTH WEST STREET; THENCE 626
WITH THE WEST RIGHT-OF-WAY LINE OF SOUTH WEST STREET, S 57° 627
29’ 30” W, 128.00 FEET TO A POINT; THENCE N 62° 19’ 53” W, 29.38 FEET 628
TO A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF ELLISON STREET; 629
THENCE WITH THE SOUTH RIGHT-OF-WAY LINE OF ELLISON STREET, 630
90.26 FEET WITH THE ARC OF A CURVE BEARING TO THE LEFT AND 631
HAVING A RADIUS OF 375.41 FEET, (TANGENT LENGTH 45.35 FEET, 632
CHORD LENGTH 90.04 FEET, CHORD BEARING N 44° 30' 24" W) TO A 633
POINT; THENCE N 51° 23' 40" W 150.00 FEET TO THE POINT OF 634
BEGINNING AND CONTAINING AN AREA OF 43,015 SQUARE FEET OR 635
0.9875 ACRES.” 636
637
The combined properties would be zoned B-1, Limited Business District, and total 2.075 acres in 638
land area. 639
640
1st Reading: 641
2nd Reading: 642
(TO21-08) 643
644
(TR21-06) &(TO21-08)
Page 22 of 25
(TR21-06) 645
646
RESOLUTION TO GRANT A SPECIAL EXCEPTION FOR RESIDENTIAL 647
USES WITHIN A MIXED USE DEVELOPMENT PROJECT AND TO 648
INCREASE THE BUILDING HEIGHT WITH A BONUS OF THIRTY (30) 649
FEET TO A MAXIMUM HEIGHT OF EIGHTY-FIVE (85) FEET FOR A 650
MIXED-USE DEVELOPMENT PROJECT ON APPROXIMATELY 2.07 651
ACRES OF LAND LOCATED AT 1001&1003 WEST BROAD STREET REAL 652
PROPERTY CODE NUMBERS 52-102-065 & 52-102-060) ON APPLICATION 653
BY MILLCREEK RESIDENTIAL TRUST, LLC 654
655
WHEREAS, on May 12, 2003, City Council adopted Ordinance 1734, which amended Chapter 656
38, “Zoning”, of the Code of the City of Falls Church to amend the special 657
exception process within the business districts to allow for appropriate mixed-uses 658
and additional height bonuses by special exception; and 659
660
WHEREAS, an application for a Special Exception to allow residential uses within a business 661
district in a mixed-use development project and a Special Exception for a height 662
bonus have been submitted by Millcreek Residential Trust, LLC (“the Applicant”) 663
pursuant to Section 48-488 (2) in conformance with the procedure set forth in 664
Section 48-90 of the City Code; and 665
666
WHEREAS, a concurrent application for an Official Zoning Map change (Rezoning) to amend 667
the map from T-1, Transitional to B-1, Limited Business district has been 668
submitted by the Applicant pursuant to Section 48-85 in conformance with the 669
procedure set forth in Section 48-86 of the City Code and City Council approval 670
is required, as a prerequisite for the Special Exception; and 671
672
WHEREAS, the application proposes a development comprising a total building/floor area of 673
approximately 330,403 gross square feet on approximately .2.076 acres of land 674
and an increase in building height by up to thirty feet (30) to six (6) stories or 675
maximum of 85 feet [instead of the B-1, Limited Business district fifty-five (55) 676
foot height maximum]. The mixed-use development is proposing a maximum of 677
280 multifamily residential rental apartment units with total residential at 678
approximately 309,555 gross square feet, approximately 5,822 gross square feet 679
of office, and approximately 15,026 gross square feet of commercial 680
retail/service/restaurant space facing externally along West Broad Street and S 681
West Street, totaling approximately 20,848 gross square feet of commercial; and 682
683
WHEREAS, in order to achieve the development as proposed, the application requests a 684
Special Exception for a height bonus and to allow residential uses within a mixed-685
use development project in a business district as shown in the Special Exception 686
applications, including the Conceptual Development Plan, dated August 20, 2021 687
and 688
689
WHEREAS, the applications for the Special Exceptions and Official Zoning Map changes have 690
also been referred to various citizen boards and commissions for public review 691
and comment; and 692
693
(TR21-06) &(TO21-08)
Page 23 of 25
WHEREAS, the applications for the Special Exceptions and associated Official Zoning Map 694
change, have been referred to the Planning Commission, which conducted a 695
public hearing and recommended to the City Council, and this recommendation 696
has been received and considered; and 697
698
WHEREAS, City Council has duly advertised and conducted a public hearing to receive public 699
comments on the application for these Special Exceptions with a public hearing 700
held on [DATE]; and 701
702
WHEREAS, City Council has considered the application, the requirements of Section 48-90 703
and Section 48-488 (2) of the City Code, the recommendation of the Planning 704
Commission, comments from boards and commissions, and public comments; and 705
706
WHEREAS, City Council considered the subject properties’ unique characteristics and the 707
community benefits derived as a result of the proposed development, and 708
determined that this particular project is acceptable for these parcels at this time, 709
with the understanding that a similar project might not be appropriate on other 710
parcels; and 711
712
WHEREAS, State law provides that Special Exceptions may be granted by the local governing 713
body subject to conditions pursuant to Code of Virginia Sec. 15.2-2286(A)(3) that 714
allow their issuance "under suitable regulations and safeguards" and that each 715
special exception case shall rest on its own merits and the uniqueness of each 716
piece of land; and in particular, that the ratio of commercial and residential uses 717
approved herein are unique to this site; and 718
719
WHEREAS, City Council also considered the public interest in improving the subject property 720
as part of overall economic development efforts to stimulate commercial 721
redevelopment and enhance the commercial tax base to support City services; and 722
723
WHEREAS, the Developer has submitted the “Voluntary Concessions, Community Benefits, 724
Terms and Conditions for Founders Row II” dated August 20, 2021 to the City in 725
order to further ensure consistency with the City of Falls Church’s adopted 726
Comprehensive Plan, the adopted West Broad Small Area Plan, and other relevant 727
policies and in support of the Special Exception; and 728
729
WHEREAS, City Council finds that the proposed project has met the primary criteria as listed 730
in Section 48-90, (d), (1) a, b and c of the Falls Church City Code as follows: 1) 731
the resulting development conforms with the City’s adopted Comprehensive Plan, 732
Small Area Plan, and Design Guidelines; 2) The resulting development provides 733
for significant new or renovated commercial space and allows for a mix of 734
commercial and residential uses; and 3) The resulting development produces 735
substantial positive net new commercial and residential revenue to the city; and 736
737
WHEREAS, City Council finds that the proposed project has met the secondary criteria as 738
listed in Section 48-90, (d), (2) a-j of the Falls Church City Code as follows: 1) 739
the resulting development is compatible with surrounding land uses and planned 740
land uses in size, bulk, and scale; 2) the resulting development enhances or 741
expands the existing community facilities, such as schools, multi-modal 742
transportation facilities, streetscape and public parking, and water and sewer 743
(TR21-06) &(TO21-08)
Page 24 of 25
systems (Sanitary and Stormwater), and uses green rather than grey infrastructure 744
to the fullest extent possible to manage stormwater and to create a healthy and 745
attractive environment for the City; 3) the resulting development provides various 746
community benefits, such as providing open space, streetscape improvements, and 747
affordable and/ or workforce housing as it is described in article VII of this 748
chapter; 4) the resulting development contributes to a vibrant, pedestrian-oriented 749
environment, both on site and in relation to adjoining properties, with walkable 750
street level activity throughout the day and evening; 5) the resulting development 751
offers purposeful and creative use of landscaping, open space and/or public parks, 752
public plazas, and walkways connecting to adjoining properties that incorporates 753
sustainable landscaping and green infrastructure best practices for stormwater 754
mitigation, urban heat island management and wildlife habitat support; 6) the 755
resulting development provides a variety of commercial and community services 756
and products that are attractive to and meet the needs of all city residents for 757
entertainment, public art, historic and cultural resources, recreation, dining, retail, 758
and an array of consumable goods; 7) the resulting development includes and 759
encourages local or independent businesses; 8) the resulting development 760
provides for a reduction of single-use parking requirements through the use of 761
shared parking and transportation demand management strategies such as 762
bikeshare, car-sharing, and other techniques; 9) the resulting development 763
encourages multi-modal transportation through design and other techniques as 764
well as its connection to the W&OD Trail, to reduce the reliance on single-765
occupancy vehicles, and provides sheltered stops for mass transit whenever 766
feasible; and 10) the resulting development utilizes (Leadership in Energy and 767
Environmental Design) LEED Gold criteria (or other rating systems sych as the 768
WELL Building Standard) in the design of the project to achieve high standards 769
for environmental sustainability and climate resilience. Certified projects are 770
encouraged to achieved LEED Gold or greater ratings and deliver a minimum 20 771
percent improvement in energy performance; and 772
773
WHEREAS, City Council finds that the proposed project provides significant community 774
benefits, including, but not limited to the following: 775
776
important, large assemblage and consolidation of two properties; 777
three levels of garage parking, two below-grade and one at-grade; 778
ground level storefront commercial spaces; 779
various community benefits including (12%) affordable housing, school 780
capital cost contributions, parks and recreation contributions; 781
planned streetscape improvements on W Broad and S West Streets; 782
bicycle storage and “Bike Share” facility location; 783
sustainable LEED certified buildings; and 784
785
WHEREAS, the commercial and residential height bonus of up to 30 feet for the mixed-use 786
development as generally shown in the Special Exception application, which 787
includes the Conceptual Development Plan, dated August 20, 2021 shall be 788
permitted as City Council finds that the bonus shall significantly assist in the 789
conformance with Section 48-90 (d) (1) a, b and c of the City Code, and 790
791
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Falls 792
Church, Virginia, that in conjunction with the associated Rezoning action and in consideration 793
(TR21-06) &(TO21-08)
Page 25 of 25
whereof, pursuant to Sections 48-90 and 48-488 of the Falls Church City Code, that the Special 794
Exception for residential use within the proposed mixed-use development project and height 795
bonus within the mixed-use development project is hereby granted and approved, subject to the 796
following conditions: 797
798
1. The Developer’s Voluntary Concessions, Community Benefits, Terms and 799
Conditions for Founders Row II, dated August 20, 2021 (“voluntary 800
concessions”), for Special Exception for Residential Development and Height 801
Bonus for a Mixed Use Development at the subject site, and all the terms and 802
conditions thereof, shall be a condition for the issuance and approval of the 803
Special Exception; and the City Manager is hereby authorized and directed to 804
execute the voluntary concessions on behalf of the City; and 805
806
2. The development of the site shall generally be in accordance with the Special 807
Exception Application dated November 30, 2020 and Conceptual 808
Development Plans, dated November 20, 2020 and revised through August 809
20, 2021; and 810
811
3. Construction of this project shall commence within three (3) years from date 812
of adoption of this resolution; and 813
814
4. Violation of any of the conditions of this Special Exception shall be grounds 815
for revocation of the Special Exception by City Council. 816
817
Referral: 818
Adoption: 819
820
821
* Voluntary Concessions TO BE ATTACHED 822
823
824
825
top related